Milpitas City Zoning Code

SECTION 10

Institutional Zone and Standards5

Footnotes:

--- (5) ---

Editor's note— Ord. No. 38.789, § 11, adopted April 21, 2009, amended the Code by repealing former Section 10, XI-10-10.01—XI-10-10.07, and adding a new Section 10. Former Section 10 pertained to the "I" Institutional District, and derived from Ord. 38.770, adopted January 2, 2007.

XI-10-10.01 - Purpose and Intent

The purpose and intent of the Institutional District is to encourage the orderly development of public service and educational uses in the community and to ensure their presence as a vital part of the neighborhood balance.

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.02 - Institutional Use Regulations

Permitted and Conditionally Permitted Uses. The uses identified in Table 10.02-1, Institutional Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 10.02-1 shall be permitted or conditionally permitted as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 54.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 10-10.02-1, Institutional Zone Uses.

Uses that have been excluded from Table 10.02-1, Institutional Zone Uses, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

Other Uses. Any other uses, may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table 10.02-1
Institutional Zone Uses

Use	Institutional Zone
Correctional facility	C
Educational institutions:¹
Public colleges or universities	O
Private colleges or universities	C
Public schools	O
Farmer's market (not including flea market)	C
Government offices and related facilities (Federal, State and Local)	C
Hospital or sanitarium (Public) ¹	C
Library (Public)	C
Medical clinic or offices (Public)	C
Catering establishment	C
Mobile food vending (individual vehicle) ³	P
Mobile food park	NP
Commissary	MC
Museum	C
Parks	C
Public safety uses	C
Public service uses	C
Public utilities	C
Temporary seasonal sales ²	P
Transportation facility	C

¹ State has authority over permitting process regarding public facilities.

² Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

³ Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

(Ord. No. 38.845, § 9, 6/21/22; Ord. No. 38.836, § 6, 9/3/19; Ord. No. 38.795, § 27, 4/6/10; Ord. No. 38.789, § 11, 4/21/09)

XI-10-10.03 - General Development Standards

Table 10.03-1, Institutional Zone Development Standards, lists development standards required for projects in public zones.

Table 10.03-1
Institutional Zone Development Standards

Standard	Institutional
Lot Area, Minimum (s.f.)	None
Lot Width, Minimum (ft.)	None
Front Yard Setback, Minimum (ft.)	None
Side Yard Setback (interior), minimum (ft.)	None
Street Side Yard Setback, minimum (ft.)	None
Rear Yard Setback, minimum (ft.)	None
Building Height, maximum (ft.)	None
Parking	Refer to Section 53, Off-Street Parking Regulations, of this Chapter.
Lot Coverage	None
Floor Area Ratio	None

(Ord. No. 38.789, § 11, 4-21-09)

XI-10.04 - Institutional Zone Special Development Standards

Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Subsection 54.12, Areas for Collecting and Loading Recyclable Materials, of this Chapter.

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 28, 4/6/10)

Milpitas City Zoning Code

SECTION 10

Institutional Zone and Standards5

Footnotes:

--- (5) ---

XI-10-10.01 - Purpose and Intent

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.02 - Institutional Use Regulations

P	Where the symbol "P" appears, the use shall be permitted.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 54.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 10-10.02-1, Institutional Zone Uses.

Uses that have been excluded from Table 10.02-1, Institutional Zone Uses, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

Table 10.02-1
Institutional Zone Uses

Use	Institutional Zone
Correctional facility	C
Educational institutions:¹
Public colleges or universities	O
Private colleges or universities	C
Public schools	O
Farmer's market (not including flea market)	C
Government offices and related facilities (Federal, State and Local)	C
Hospital or sanitarium (Public) ¹	C
Library (Public)	C
Medical clinic or offices (Public)	C
Catering establishment	C
Mobile food vending (individual vehicle) ³	P
Mobile food park	NP
Commissary	MC
Museum	C
Parks	C
Public safety uses	C
Public service uses	C
Public utilities	C
Temporary seasonal sales ²	P
Transportation facility	C

¹ State has authority over permitting process regarding public facilities.

² Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

³ Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

(Ord. No. 38.845, § 9, 6/21/22; Ord. No. 38.836, § 6, 9/3/19; Ord. No. 38.795, § 27, 4/6/10; Ord. No. 38.789, § 11, 4/21/09)

XI-10-10.03 - General Development Standards

Table 10.03-1, Institutional Zone Development Standards, lists development standards required for projects in public zones.

Table 10.03-1
Institutional Zone Development Standards

Standard	Institutional
Lot Area, Minimum (s.f.)	None
Lot Width, Minimum (ft.)	None
Front Yard Setback, Minimum (ft.)	None
Side Yard Setback (interior), minimum (ft.)	None
Street Side Yard Setback, minimum (ft.)	None
Rear Yard Setback, minimum (ft.)	None
Building Height, maximum (ft.)	None
Parking	Refer to Section 53, Off-Street Parking Regulations, of this Chapter.
Lot Coverage	None
Floor Area Ratio	None

(Ord. No. 38.789, § 11, 4-21-09)

XI-10.04 - Institutional Zone Special Development Standards

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 28, 4/6/10)

Milpitas City Zoning Code

SECTION 10

Institutional Zone and Standards5

Footnotes:

--- (5) ---

XI-10-10.01 - Purpose and Intent

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.02 - Institutional Use Regulations

P	Where the symbol "P" appears, the use shall be permitted.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 54.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 10-10.02-1, Institutional Zone Uses.

Uses that have been excluded from Table 10.02-1, Institutional Zone Uses, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

Table 10.02-1
Institutional Zone Uses

Use	Institutional Zone
Correctional facility	C
Educational institutions:¹
Public colleges or universities	O
Private colleges or universities	C
Public schools	O
Farmer's market (not including flea market)	C
Government offices and related facilities (Federal, State and Local)	C
Hospital or sanitarium (Public) ¹	C
Library (Public)	C
Medical clinic or offices (Public)	C
Catering establishment	C
Mobile food vending (individual vehicle) ³	P
Mobile food park	NP
Commissary	MC
Museum	C
Parks	C
Public safety uses	C
Public service uses	C
Public utilities	C
Temporary seasonal sales ²	P
Transportation facility	C

¹ State has authority over permitting process regarding public facilities.

² Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

³ Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

(Ord. No. 38.845, § 9, 6/21/22; Ord. No. 38.836, § 6, 9/3/19; Ord. No. 38.795, § 27, 4/6/10; Ord. No. 38.789, § 11, 4/21/09)

XI-10-10.03 - General Development Standards

Table 10.03-1, Institutional Zone Development Standards, lists development standards required for projects in public zones.

Table 10.03-1
Institutional Zone Development Standards

Standard	Institutional
Lot Area, Minimum (s.f.)	None
Lot Width, Minimum (ft.)	None
Front Yard Setback, Minimum (ft.)	None
Side Yard Setback (interior), minimum (ft.)	None
Street Side Yard Setback, minimum (ft.)	None
Rear Yard Setback, minimum (ft.)	None
Building Height, maximum (ft.)	None
Parking	Refer to Section 53, Off-Street Parking Regulations, of this Chapter.
Lot Coverage	None
Floor Area Ratio	None

(Ord. No. 38.789, § 11, 4-21-09)

XI-10.04 - Institutional Zone Special Development Standards

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 28, 4/6/10)